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What is the difference between a C corporation and an S corporation?

The IRS allows corporations to choose to be taxed as either a "C corporation" or an "S corporation." Income from C corporations are subject to double taxation; that is, the corporation pays taxes on its net income and then the shareholders also pay taxes on the income that they receive from the corporation. S corporations have only one level of taxation. The shareholders still have to pay taxes on money that they receive from the corporation, but an S corporation does not pay taxes on its net income. While the S corporation is popular among small business owners, C corporations have greater tax planning flexibility and can shield shareholders from direct tax liability.

How does a corporation protect my personal assets?

If a business operates as a corporation, the business owners, called shareholders, are not personally liable for debts or other claims against the corporation. That's because the corporation is a separate legal entity from its owners. If a corporation complies with the formalities required for it to be treated as a separate legal entity, then anyone seeking to collect a debt from, or enforce a claim against, a corporation, would not be able to collect from the shareholders themselves. They would only be able to pursue the assets held in the name of the corporation.

Why do many people choose to form their corporation in Delaware?

Delaware is a very popular place in which to form corporations. However, the primary benefits apply to larger public corporations or those planning to go public. Delaware's laws provide heightened protection for board members against lawsuits brought by shareholders, and Delaware has a court exclusively dedicated to resolving corporate disputes. These benefits don't mean much to smaller corporations. Keep in mind that if a corporation forms in Delaware and does business in another state, the corporation would be required to file additional paperwork, and pay any taxes and/or fees required to do business in that state. Given those factors, many smaller corporations keep it simple and form in the state in which they plan to do business.

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